Yuba City Municipal Code Ch. 17 Noise Regulations

It is hereby declared to be the policy of the City of Yuba City that the peace, health, safety and welfare of its citizens require protection from loud and raucous noises from any and all sources in the community.

(§ 1, Ord. 14-91, eff. December 19, 1991)

It shall be unlawful for any person to willfully or knowingly make, continue or cause to be made or continued any loud and raucous noise.

The term "loud and raucous noise" shall mean any sound which because of its volume level, duration or character annoys, disturbs, injures or endangers the comfort, health, peace or safety of a reasonable person of ordinary sensibility within the limits of the City of Yuba City.

The term "loud and raucous noise" specifically includes, but is not limited to, the kinds of noise generated by the activities enumerated in Section 4-17.10. The term "loud and raucous noise" specifically excludes the kinds of noise generated by the activities described in Section 4-17.20.

For any kind of noise not enumerated in Section 4-17.10, the factors which may be considered in determining whether a violation of the provisions of this section exists may include, but shall not be limited to, the following:

(a) The volume of the noise;

(b) Whether the nature of the noise is usual or unusual;

(c) Whether the origin of the noise is natural or unnatural;

(d) The volume and intensity of the background noise, if any;

(e) The proximity of the noise to residential sleeping facilities;

(f) The nature and zoning of the area within which the noise emanates;

(g) The density of the inhabitation of the area within which the noise emanates;

(h) The time of the day or night the noise occurs;

(i) The day of the week the noise occurs;

(j) The duration of the noise;

(k) Whether the noise is recurrent, intermittent, or constant; and

(l) Whether the noise is produced by a commercial or non-commercial activity.

(§ 1, Ord. 14-92, eff. December 19, 1991)

The following specific acts, subject to the exemptions provided in Section 4-17.20, are declared to be public nuisances in violation of Sections 4-17.22 and 4-17.30, namely:

(a) The loud and raucous use or operation of any radio, amplifier, phonograph, stereo, compact disc or tape player, loudspeaker, bullhorn, megaphone or other device for the producing or reproducing of sound.

(b) Loud and raucous yelling, shouting, talking, whistling or singing between the hours of 10:00 p.m. and 7:00 a.m. on any day.

(c) The owning, possessing, controlling, harboring or keeping of any dog, cat or other animal or fowl which by howling, yelping, whining, barking or otherwise causes a loud and raucous noise.

(d) The loud and raucous use of any drum, guitar, horn or other musical instrument or device.

(e) The loud and raucous operation or use of any of the following before 6:00 a.m. or after 9:00 p.m. daily except Sunday and State or Federal holidays when the prohibited time shall be before 8:00 a.m. and after 9:00 p.m.:

(1) A hammer or any other device or implement used to produce or strike an object.

(2) An impact wrench or other tool or equipment powered by compressed air.

(3) A hand powered saw.

(4) Any tool or piece of equipment powered by an internal combustion engine such as, but not limited to, chain saw, backpack blower and lawn mower. Except as included in paragraph (6) below, motor vehicles powered by an internal combustion engine and subject to the California Vehicle Code are excluded from this prohibition.

(5) Any electrically powered (whether by alternating current electricity or by direct current electricity) tool or piece of equipment used for cutting, drilling or shaping wood, plastic, metal or other materials or objects such as, but not limited to, a saw, drill, lathe or router.

(6) Any of the following: Heavy equipment (such as, but not limited to, bulldozer, road grader, back hoe), ground drilling and boring equipment (such as, but not limited to, derrick or dredge), crane and boom equipment, portable power generator or pump, pavement equipment (such as, but not limited to, pneumatic hammer, pavement breaker, tamper, compacting equipment), pile driving equipment, vibrating roller, sand blaster, gunite machine, trencher, concrete truck and hot kettle pump.

(7) Any construction, demolition, excavation, erection, alteration or repair activity.

In the case of urgent necessity and in the interest of public health and safety, the Chief Building Official may issue a permit for exemption from the requirements within subsection (e) of this section. Such period shall not exceed three working days in length while the emergency continues but may be renewed for successive periods of three days or less while the emergency continues. The Chief Building Official may limit such permit as to time of use and/or permitted action, depending upon the nature of the emergency and the type of action requested.

(§ 1, Ord. 14-91, eff. December 19, 1991)

The term "loud and raucous noise" as used in this chapter does not include noise or sound generated by the following:

(a) Cries for emergency assistance and warning calls.

(b) Radios, sirens, horns and bells on police, fire and other emergency response vehicles.

(c) Parades, fireworks displays and other special events for which a permit has been obtained from the City are exempted provided there is compliance with all conditions which have been noted in writing on the permit. That loud and raucous noise produced as a result of noncompliance with any condition specified on the permit is not exempted from the requirements of this chapter.

(d) Activities on or in publicly owned property and facilities, or by public employees while in the authorized discharge of their responsibilities, are exempt provided that such activities have been authorized by the owner of such property or facilities or its agent or by the employing authority.

(e) Religious worship activities, including, but not limited to, bells, organs, singing and preaching.

(f) Locomotives and other railroad equipment and aircraft.

(g) The collection of solid waste by employees of a company engaged in the waste disposal business.

(h) Organized activities at the Yuba Sutter Fair.

(i) Organized sports events.

(j) The discharge of "safe and sane fireworks" during the times authorized in Section 4-11.02, and the discharge of fireworks for which a special permit has been issued per Section 5602 of Section 4-5.02 of this chapter or Section 4-11.02.

(k) Properties zoned Community Commercial District (C-2) or General Commercial District (C-3) and fronting Plumas Street between Colusa Avenue (State Highway 20) to Bridge Street, and along Center Street between Plumas Street and Shasta Street, shall be exempt from the requirements of Sections 4-17.10(b) and (d) from 7:00 a.m. until midnight on Thursdays, Fridays, Saturdays of each week, together with New Year's Eve, St. Patrick's Day, Cinco-de-Mayo, the weekends of the Summer and Christmas Stroll events and recognized Federal holidays for entertainment activities associated with restaurants, bars, or other approved entertainment facilities, and may include live or amplified music indoors or an onsite approved patio/outdoor dining location established in compliance with City requirements. Under this exception, the maximum noise levels of 70 Ldn or CNEL, dB are normally acceptable as measured at the property line for business commercial uses; potential activities with noise levels falling in the 67 to 77 Ldn or CNEL, dB range require a plan for noise attenuation measures, and noise above 77 Ldn or CNEL, dB is normally unacceptable unless a detailed noise analysis is completed, to the City's satisfaction that identifies needed noise reduction measures to be incorporated into business operations. Notwithstanding, commercial uses located within 100 feet of existing residential uses shall submit and receive approval of a plan to the Development Services Department that incorporates noise attenuation measures to reduce potential impacts on proximate residences prior to operation under this exception.

(§ 1, Ord. 14-91, eff. December 19, 1991; Ord. No. 006-23, § 5, 5-2-2023; Ord. No. 008-24, § 3, 7-2-2024)

Any person, owner, agent, manager or supervisor in charge of operating, ordering, directing or allowing the operation or maintenance of any device, object, machine or animal creating a noise as prohibited in this chapter shall be deemed guilty of violating this chapter.

(§ 1, Ord. 14-91, eff. December 19, 1991)

Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction and upon conviction thereof shall be fined in accordance to Section 1-2.02 of the Yuba City Municipal Code.

(§ 1, Ord. 14-91, eff. December 19, 1991)

A violation of any provision of this chapter shall be probable cause for a notice of violation to be issued by the Yuba City Police Department according to current procedures.

(§ 1, Ord. 14-91, eff. December 19, 1991)

When a loud party or gathering occurs at a premises and a police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, the person in charge of the premises and the person responsible for the event or if either of those persons is a minor then the parents or guardians of that minor will be held jointly and severally liable for the cost of providing police personnel on special security assignment over and above the services normally provided by the Police Department. The warning to control the threat to the public peace, health, safety or general welfare shall be deemed to be on special security assignment over and above the services normally provided. The costs of such special security assignment may include personnel and equipment costs, damage to City property and injuries to City personnel.

(§ 1, Ord. 14-91, eff. December 19, 1991)

As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provision of this chapter which operation or maintenance causes or creates sound levels or vibration exceeding the allowable limits as specified in this chapter shall be deemed and is hereby declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction. Additionally, no provision of this chapter shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person for injury or damages arising from any violation of this ordinance or from other law.

(§ 1, Ord. 14-91, eff. December 19, 1991)

If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this chapter which can be given effect without the invalid provision or application and, to this end, the provisions of this chapter are hereby declared to be severable.

(§ 1, Ord. 14-91, eff. December 19, 1991)